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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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I am a co-owner on a car loan in march of 2014. My mother

Customer Question

Hi, I am a co-owner on a car loan in march of 2014. My mother is the other co-owner. She has moved. She took the vehicle after telling the police that I had no rights to it. I do not know where she moved to. I can make the payments on vehicle but refuse since it is not in my possession. I have made this very clear to the creditor on numerous occasions. I have also made requests of the creditor to provide proof of liability so I can file the case in court. However, not only does the creditor not give me anything to prove my rights over that vehicle, they send me some thing with my mother's name on it. What do I have to do to gain possession of this vehicle as I am being burdened by the phone calls to collect the outstanding payments. Please help as this has been going on since August of 2014 and i'd like to clear up my credit.
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 2 years ago.
Unfortunately, you have a very difficult position here.As a co-owner, your mother does have a right to possession. (You cannot force her to turn it over - without an ownership agreement, you are going to be unable to require her to return the vehicle to you or take some other action).As a co-signer on the loan, you have an obligation to repay the debt (even if you no longer have use of the car). The creditor has a contractual right to pursue you for the debt and as your mother is not in contact, they are likely to continue to pursue you for it.I am very, truly, sorry to report this information to you, but you need to continue making payments on this loan (you can try to renegotiate the terms of repayment if it is too much to pay all at once) but the creditor is entitled to payment.If you find your mother again at some point in the future, you can try filing a breach of contract action (oral or "parole" contract) or a claim in equity against her for the payments that you made, but I am not optimistic at your likely recovery in this matter.